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KONTOS v. KOAKOS SYLLOGOS "IPPOCRATES," INC.

11 A.D.3d 661 (2004)

783 N.Y.S.2d 653

DIKEA KONTOS, Appellant, v KOAKOS SYLLOGOS "IPPOCRATES," INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 25, 2004.

Ordered that the order is affirmed, with costs.

The defendant, as owner of property adjacent to a public sidewalk, established its entitlement to judgment as a matter of law with respect to an alleged defect in the public sidewalk (see Romero v City of New York, 5 A.D.3d 657 [2004]). In opposition, the plaintiff relied upon the affidavit of a witness whose full name and address was sought in the defendant's notice to produce...

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